Preview
FILED: QUEENS COUNTY CLERK 11/23/2022 09:55 AM INDEX NO. 703749/2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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WELLS FARGO BANK, N.A. :
: Index No.: 703749/2021
Plaintiff, : (formerly 15498/2013)
:
- against - : Premises Address:
: 170-07 105TH AVE
CECELIA CARR; LYDIA HENRY; NEW YORK CITY: JAMAICA, NY 11433-1721
PARKING VIOLATIONS BUREAU; NEW YORK CITY:
TRANSIT ADJUDICATION BUREAU; NATIONAL CITY:
BANK; NEW YORK CITY ENVIRONMENTAL:
CONTROL BOARD; “JOHN DOES” and “JANE DOES”,:
said names being fictitious, parties intended being possible: AFFIRMATION
tenants or occupants of premises, and corporations, other: IN SUPPORT OF
entities or persons who claim, or may claim, a lien against: CANCELLATION OF
the premises, : NOTICE OF PENDENCY
:
Defendants. :
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I, Christian Fletcher, hereby affirm:
1. I am a member of the bar of this Court and associated with the firm of Goodwin
Procter LLP, co-counsel for the plaintiff Wells Fargo Bank, N.A. (“Plaintiff”). I am not a party
to the action. I am fully familiar with the facts set forth herein.
2. I submit this affirmation in support of the cancellation of the Notice of Pendency
of this action filed in the office of the Clerk of Queens County on August 14, 2013 and renewed
on October 17, 2016 and again on October 27, 2021
3. This action was commenced to foreclose a mortgage on real property in the
County of Queens, State of New York, known as 170-07 105th Street, Jamaica, NY 11433-1721,
identified as Borough of Queens, Block 10226, Lot 0066.
4. The Summons, Complaint, and Notice of Pendency of Action were filed in the
Office of the Queens County Clerk on August 14, 2013.
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5. Defendants Cecelia Carr (“Carr’) and Lydia Henry (“Henry”) (together,
“Defendants”) are proceeding pro se. Carr first appeared through counsel, Brian McCaffery,
Attorney at Law, P.C., who filed an Answer dated September 6, 2013 on her behalf. Henry first
appeared via a Notice of Appearance dated July 8, 2015 and filed July 20, 2015 by attorneys
Paykin, Richland & Falkowski, P.C., by Michal Falkowski, Esq., on behalf of both Defendants.
Paykin, Richland & Falkowski, P.C was replaced as counsel for Defendants by Rubin & Licatesi,
P.C. via a Consent To Change Attorneys dated October 12, 2015. Rubin & Licatesi, P.C. later
withdrew as counsel for Defendants pursuant to a Consent to Withdraw Attorney dated October
16, 2019, signed by both Defendants, and filed October 28, 2019. Both Defendants have been
pro se since October 2019.
6. The remaining defendants have not appeared, answered, or made any motion with
respect to the complaint in this action and their time to do so has expired.
7. No applications have been made for the same or similar relief as requested herein.
8. The reason the Notice of Pendency is being cancelled is that Plaintiff and
Defendants reached an agreement to sell the mortgaged real property for less than the amount
Defendants owed Plaintiff (a “short sale”). Subsequently, Plaintiff and Defendants agreed to
discontinue the action and all claims by Plaintiff, and to dismiss with prejudice all counterclaims
and defenses which were asserted or could have been asserted in this action by Defendants, with
each party bearing its own costs
9. I affirm under penalty of perjury that the foregoing is true and correct.
WHEREFORE, all appearing parties have stipulated that the Notice of Pendency in the
above captioned action, and all the renewals thereof, is cancelled from the records of the Queens
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County Clerk’s office, together with such other and further relief as this Court deems just and
proper.
New York, New York
November 23, 2022
/s/Christian Fletcher
Christian Fletcher
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Preview
FILED: QUEENS COUNTY CLERK 11/23/2022 09:55 AM INDEX NO. 703749/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------ x WELLS FARGO BANK, N.A. : : Index No.: 703749/2021 Plaintiff, : (formerly 15498/2013) : - against - : Premises Address: : 170-07 105TH AVE CECELIA CARR; LYDIA HENRY; NEW YORK CITY: JAMAICA, NY 11433-1721 PARKING VIOLATIONS BUREAU; NEW YORK CITY: TRANSIT ADJUDICATION BUREAU; NATIONAL CITY: BANK; NEW YORK CITY ENVIRONMENTAL: CONTROL BOARD; “JOHN DOES” and “JANE DOES”,: said names being fictitious, parties intended being possible: AFFIRMATION tenants or occupants of premises, and corporations, other: IN SUPPORT OF entities or persons who claim, or may claim, a lien against: CANCELLATION OF the premises, : NOTICE OF PENDENCY : Defendants. : ------------------------------------------ x I, Christian Fletcher, hereby affirm: 1. I am a member of the bar of this Court and associated with the firm of Goodwin Procter LLP, co-counsel for the plaintiff Wells Fargo Bank, N.A. (“Plaintiff”). I am not a party to the action. I am fully familiar with the facts set forth herein. 2. I submit this affirmation in support of the cancellation of the Notice of Pendency of this action filed in the office of the Clerk of Queens County on August 14, 2013 and renewed on October 17, 2016 and again on October 27, 2021 3. This action was commenced to foreclose a mortgage on real property in the County of Queens, State of New York, known as 170-07 105th Street, Jamaica, NY 11433-1721, identified as Borough of Queens, Block 10226, Lot 0066. 4. The Summons, Complaint, and Notice of Pendency of Action were filed in the Office of the Queens County Clerk on August 14, 2013. 1 of 3 FILED: QUEENS COUNTY CLERK 11/23/2022 09:55 AM INDEX NO. 703749/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/23/2022 5. Defendants Cecelia Carr (“Carr’) and Lydia Henry (“Henry”) (together, “Defendants”) are proceeding pro se. Carr first appeared through counsel, Brian McCaffery, Attorney at Law, P.C., who filed an Answer dated September 6, 2013 on her behalf. Henry first appeared via a Notice of Appearance dated July 8, 2015 and filed July 20, 2015 by attorneys Paykin, Richland & Falkowski, P.C., by Michal Falkowski, Esq., on behalf of both Defendants. Paykin, Richland & Falkowski, P.C was replaced as counsel for Defendants by Rubin & Licatesi, P.C. via a Consent To Change Attorneys dated October 12, 2015. Rubin & Licatesi, P.C. later withdrew as counsel for Defendants pursuant to a Consent to Withdraw Attorney dated October 16, 2019, signed by both Defendants, and filed October 28, 2019. Both Defendants have been pro se since October 2019. 6. The remaining defendants have not appeared, answered, or made any motion with respect to the complaint in this action and their time to do so has expired. 7. No applications have been made for the same or similar relief as requested herein. 8. The reason the Notice of Pendency is being cancelled is that Plaintiff and Defendants reached an agreement to sell the mortgaged real property for less than the amount Defendants owed Plaintiff (a “short sale”). Subsequently, Plaintiff and Defendants agreed to discontinue the action and all claims by Plaintiff, and to dismiss with prejudice all counterclaims and defenses which were asserted or could have been asserted in this action by Defendants, with each party bearing its own costs 9. I affirm under penalty of perjury that the foregoing is true and correct. WHEREFORE, all appearing parties have stipulated that the Notice of Pendency in the above captioned action, and all the renewals thereof, is cancelled from the records of the Queens 2 of 3 FILED: QUEENS COUNTY CLERK 11/23/2022 09:55 AM INDEX NO. 703749/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/23/2022 County Clerk’s office, together with such other and further relief as this Court deems just and proper. New York, New York November 23, 2022 /s/Christian Fletcher Christian Fletcher 3 of 3